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9th November, 2020

To:
1) Shri Ramnath Kovind
Hon’ble President of India
Rashtrapati Bhavan
New Delhi.
Email:presidentofindia@rb.nic.in; petitions@rb.nic.in

2) Shri Narendra Modi

Hon’ble Prime Minister of India
7, Lok Kalyan Marg
New Delhi.
Email:connect@mygov.nic.in

3) The Hon’ble the Chief Justice of India 

Supreme Court of India 
Bhagwandas Road 
New Delhi-110 001
Email: supremecourt@nic.in

 4) Shri Amit Shah

Hon’ble Home Minister of India 
North Block
Central Secretariat
New Delhi-110 001.
amitshah.mp@sansad.nic.in
amitshah.bjp@gmail.com

5) Shri Ravi Shankar Prasad

Hon’ble Law Minister of India
4th Floor, 'A' Wing
Shastri Bhawan
Rajendra Prasad Road
New Delhi-110 001
Email: ravis@sansad.nic.in

6) The Hon’ble Governor of Maharashtra

Raj Bhavan
Walkeshwar Road
Malabar Hill
Mumbai-400 035
governor-mh@nic.in

7) The Secretary General/CEO

National Human Rights Commission
New Delhi
sgnhrc@nic.in

8) Maharashtra State Human Rights Commission

9, Hazarimal Somani Marg
Opp. CSMT Station
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Mumabi-400 001
mshrc2000@yahoo.in

9) The Chairman Bar Council of India

        21, Rouse Avenue Institutional Area
        Near Bal Bhawan
        New Delhi–110 002.
        info@barcouncilofindia.org

10)   The Chairman Bar Council of Maharashtra

        2nd Floor
        High Court Extension
        Fort
        Mumbai-400 032.
        barcouncilmahgoa@gmail.com

11)   The Chairman Bar Council of Delhi

        2,6, Khel Gaon Marg
        Siri Institutional Area
        Siri Fort Institutional Area
        Siri Fort, New Delhi
        Delhi 110 049.
        Barcouncilofdelhi@Rediffmail.Com

12)   The Chairman Bar Council of Tamil Nadu & Puducherry

        High Court Campus
        Chennai-600 104
        Tamil Nadu.
        tnbarcouncil@yahoo.com
        info@barcounciloftamilnadupuducherry.org

 13)  The Chairman Bar Council of Gujrath

        3rd Floor, Satyamev Complex
        Opp: High Court of Gujarat
        S.G. Highway
        Ahmedabad-380 060
        Gujarat.
       mail@barcouncilofgujarat.org

 14)  The Chairman Bar Council of West Bengal

        2 & 3, K.S. Roy Road
        City Civil Court Building
        7th Floor
        Kolkata-700 001
        West Bengal.
        westbengalbarcouncil@gmail.com

 15)  The Chairman Bar Council of Bihar

        The Chairman Bihar State Bar Council
        Bihar State Bar Council Bhawan
        Patna High Court Premises
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        Patna-800 001
        Bihar.
        bsbcpatna@gmail.com

16)   The Chairman Jharkhand State Bar Council

        Bungalow No.8
        Near Kendriya Vidyalay
        North Office Para
        Doranda
        Ranchi-834 002
        Jharkhand.
        info@jharkhandstatebarcouncil.org 

17)  The Chairman Bar Council of Madhya Pradesh

        High Court Campus
        Jabalpur-482 001
        Madhya Pradesh.
        bar_council_mp@yahoo.co.in

18)   The Chairman Bar Council of Chattisgarh

        New High Court Premises
        Above Advocates Room
        Bodri, Bilaspur-495 001
        Chattisgarh.

19)   The Chairman Bar Council of Kerala

        Bar Council Bhavan
        High Court Campus
        Ernakulam, Kochi-682 031
        Kerala.
        barcouncilofkerala@hotmail.com

20)   The Chairman Karnataka State Bar Council

        Old K.G.I.D. Building
        Dr. Ambedkar Veedhi
        Bangalore-560 001.
        kar_barcouncil@yahoo.com 

21)   The Chairman Bar Council of Punjab & Haryana

        Law Bhavan
        Dakshin Marg
        Next to Petrol Pump
        Sector 37A
        Chandigarh-160 036.

22)   The Chairman Bar Council of Rajasthan

        High Court Building
        Jodhpur-342 005
        Rajasthan.
        chairman@barcouncilofrajasthan.org 

23)   The Chairman Bar Council of Uttar Pradesh

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        19, Maharshi Dayanand Marg

        Prayagraj-211 001
        Uttar Pradesh. 

Sir,

Sub: Patently illegal arrest/detention of Shri Arnab

Goswami - serious threat to his life and total collapse
of constitutional machinery in the State of
Maharashtra.

1) Maharashtra is ruled by three political parties whose

ideologies are at stark variance with each other and the

very alliance was forged for convenience and was based on

fraud and deceit of the people of the State. The manner in

which the two innocent sadhus and their driver were

massacred at Palghar on 16 th April, 2020 and which

incident was followed by two mysterious deaths of Disha

Salian and Sushant Singh Rajput in the financial capital of

India i.e. Mumbai on 8th June, 2020 and 14th June, 2020,

respectively not only rocked and shocked the State or the

nation, but the entire world. Not even first information

reports were registered in respect of the two mysterious

deaths and a representation made by a group of young

persons to the former DGP of Bihar, Shri Gupteshwar

Pande which is available on YouTube and other social

media platforms and which report appears to be based on

authentic information and the young group claims that

there are at least 12 more deaths which are directly and/or

indirectly related to the mysterious death of Sushant Singh

Rajput/Disha Salian and not even a single first information

report has been registered and obviously therefore there

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has been no investigation and/or those cases were closed

without conducting any investigation.

2) Shri Arnab Goswami, the Editor–in-Chief of Republic

TV/Republic Bharat which is possibly the first TV channel

which has been espousing the real cause of nationalism

and possibly the first English channel which publicly speaks

in favour of Sanatan Dharma. From the very beginning of

the two aforesaid incidents Shri Arnab Goswami and his TV

channels, both English and Hindi, have been vociferously

espousing the cause and in the process were critical of the

State machinery which has completely failed to perform its

statutory obligation. It is widely reported that Mumbai

police deliberately and with ulterior motive did not register

first information report because of involvement of some

political figure in the State to whom the State

administration and the police have been trying to shield.

3) The case pertaining to the mysterious death of Sushant

Singh Rajput was eventually transferred to the Central

Bureau of Investigation (CBI) by the highest court of the

country by order and judgement dated 19 th August, 2020

with hope and expectation that the case would be

investigated in its right perspective. However, CBI

personnel who arrived in Mumbai on or about 24 th August,

2020 along with personnel from Central Forensic Science

Laboratory (CFSL) and doctors from All India Institute of

Medical Sciences (AIIMS), though, initially gave an

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impression that within the next few days the culprits would

be behind the bars, however, the investigation so far

conducted by the CBI turned out to be an exercise in

futility. With so much of technological advancement, it

was certainly not a case which should have been difficult to

investigate and based on the call data records, CCTV

cameras and custodial interrogation of the suspects, it

should not have taken more than a couple of weeks to

crack both the cases and catch hold of the perpetrators of

these heinous crimes.

4) Shri Arnab Goswami and his TV channels, after the

massacre of the two sadhus and their driver at Palghar on

16th April, 2020 and subsequently the mysterious deaths in

Mumbai of Sushant Singh Rajput and his ex-Manager Disha

Salian, have been relentlessly and vociferously carrying

tirades against the State administration which had

miserably failed and in the process his TV channels

became eyesore for those who apprehend that if the

crimes are cracked, their days in politics could be

numbered and therefore there have been hundreds of

cases registered all over the country claiming that Shri

Arnab Goswami is seeking to create hatred amongst two

communities and is therefore guilty of having committed

an offence u/s. 153 A, 295-A of IPC etc. Fortunately, the

Supreme Court though directed that all the cases

registered against Shri Arnab Goswami - all over the

country be clubbed together, however felt the need to

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have such frivolous and vexatious cases investigated by

N.M. Joshi Marg police station, Mumbai, instead of the

Supreme Court itself quashing the entire proceeding. The

Supreme Court ought to have addressed itself to the basic

and fundamental issue whether an offence can be said to

have been made out under any of the provisions of Indian

Penal Code under which Shri Arnab Goswami was sought

to be prosecuted. Incidentally, another bench of the

Supreme Court dealing with the case of Vinod Dua,

another journalist whose leanings are against the policies

of the present government in power, directly moved the

Supreme Court of India which entertained his petition

arising out of State of Himachal Pradesh under Article 32

of the Constitution of India and the Supreme Court sat on

a Sunday as if that was the most important case in the

country, instead of he being relegated to the State of

Himachal Pradesh.

5) Under the garb of investigation of the case which was

registered at N.M. Marg police station, Shri Arnab Goswami

was called at the police station during the pandemic and

was interrogated for more than eleven hours in a single

day and that too by the police personnel who was tested

Corona positive. The Bombay High Court finally by a fairly

long order stayed the proceeding and upon being

challenged in the Supreme Court, the highest court of the

country without realising how the police - all over the

country functions and have become a source of

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harassment, nuisance, annoyance and torture, held that

the investigation, as has been widely reported in the

media, can go on, but the protection of not being arrested

can be continued. The Apex Court directed Shri Arnab

Goswami to file an affidavit and gave him time of two

weeks to do so and that seems to be the triggering point

as the Mumbai police got emboldened by prima facie view

of the Apex Court, otherwise in such matters all that is

normally done is to direct the same High Court to decide

the petition finally.

6) Mumbai police claims to have reopened a stale case of

suicide of Anvay Naik and his mother Kumud Naik in a

farm house at Alibaug on 5.5.2018 and on the wee hours

of 4th November, 2020 a host of police personnel which

included an ‘encounter specialist’ who was till recently in

jail for a fairly long time for having killed Khwaja Yunus in

custody and the investigation thereof was entrusted to the

State CID. He was acquitted in the trial, though, other

police personnel were convicted. He was instantly

reinstated by the present Commissioner of Police, Mumbai

and he found his plum position in the Crime Branch. His

services were requisitioned and it is reported that the

police personnel who visited the residence of Shri Arnab

Goswami were armed with weapons such as AK-47.

7) On the very same day, the Ld. Judicial Magistrate, Alibag

where Shri Arnab Goswami was produced seeking his

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police custody remand was remanded to judicial custody

and thus the Ld. magistrate doubted the prosecution story

and involvement of Shri Arnab Goswami in abetment to

commit suicide of the son and mother on 5.5.2018 at

Alibag, hearing of bail application was indefinitely

adjourned instead of instantly directing release of Shri

Arnab Goswami and the two others arrested on bail.

8) A petition was filed in the High Court of Bombay and the

highest court of the State comprising of two judges,

though, heard the petition in connection with illegal

arrest/detention of Shri Arnab Goswami for two long days,

refused to grant any interim relief and which reflects that

the judicial system in the State of Maharashtra is required

to be revamped. Constitutional court ought to have risen

to the occasion and come to the rescue and protection of

fundamental rights of not only Shri Arnab Goswami under

Article 19 (1) (a) of the Constitution of India but so also

the citizen of this country as such right would mean to

include right to receive uncensored and unfiltered

information. In the same year i.e. 1950 in which the

Supreme Court came into existence, it rendered three

judgements, all of constitutional benches comprising of six

judges, highlighting the importance of freedom of speech

and expression to media as enshrined and embodied under

Article 19 (1) (a) of the Constitution of India. From time

to time, subsequently thereafter the constitutional courts

and more particularly the Supreme Court of India frowned

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upon the State excesses and did not approve media being

censored and/or controlled, either by legislative and/or

executive action. The highest court of the State therefore

without going into the issues with regard to availability of

alternative remedy, closure and reopening of case etc. in

the facts and situation ought to have addressed itself to

the basic issue which is unfortunately lost sight of in many

cases in as much as whether the alleged non-payment of

Rs.83 lakh by Shri Arnab Goswami and/or his company in

connection with some interior designing work done by

Concorde Designs Pvt. Ltd., the company of the deceased

(assuming such amount was due and payable) would by

any stretch of imagination render the suicide of the

directors of the company, with allegedly leaving behind

them a suicide note which itself is shrouded in mystery, an

offence punishable u/s. 306 of Indian Penal Code and the

answer to that is an emphatic no.

9) Lawyers/litigants lose extremely good matters day in and

day out for various reasons, may be on account of

inefficiency, incompetency, favouritism, nepotism and

corruption with which the judiciary is inflicted with and if in

any of those cases the affected persons commit suicide,

can the family members embark upon to prosecute all

those judicial officers ? Such prosecution, if embarked

upon, would be a sheer absurdity and in the present case

the manner in which the case was reopened does reflect

an ulterior motive which is nothing short of vendetta and

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the prosecution is acting with malafide and ought to have

been interfered with by the High Court of Bombay instantly

instead of hearing the matter for two long days and

reserving it for judgement for another few days. As a

matter of fact, the High Court ought not to have shied

away from directing release of Shri Arnab Goswami on the

very first day itself in exercise of the powers vested under

Article 226 of the Constitution of India dehors all

technicalities such as the remand/alternative remedy etc.

and instead ought to have directed investigation, either by

the CBI or by the State police and which investigation

ought to have been monitored by the High Court and all

the so-called police officers and politicians involved in

manipulation and arrest/detention of Shri Arnab Goswami

should have been brought to book. Instead of sending a

message, very loud and clear, that come what may, the

constitutional court dehors all technicalities would still

uphold constitutional right of a citizen in general and more

particularly of the press/media.

10) A couple of cases have also been registered against Shri

Arnab Goswami by Mumbai police claiming that he

obstructed the police personnel from performing their

duties while they have gone to effect his arrest on 4 th

November, 2020. This is sheer absurdity and ridiculous as

Shri Arnab Goswami can certainly be not claimed to have

used criminal force as against the police personnel who

had gone to effect his arrest which is the requirement u/s.

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353 of Indian Penal Code. Section 353 of IPC in the State

of Maharashtra has been recently amended and the

sentence therein has been extended upto 10 years and has

been made triable by the court of sessions – a grossly

misused and abused provision of law.

11) On 8th November, 2020 in the wee hours Shri Arnab

Goswami came to be shifted from the makeshift jail at

Alibaug and has been currently lodged in Taloja Central

Prison, Navi Mumbai where it is reported he has been once

again assaulted. He was similarly assaulted on the very

first day as well. He was similarly denied meeting lawyers

and this is nothing short of an onslaught on the

constitutional right of a citizen and this is happening when

possibly the most powerful prime minister is at the helm of

affairs and a country like China, which even challenges a

super power like USA, was brought to its knees by the

present government in power. The present government in

power cannot be a mute spectator when freedom of

press/media is threatened, gaged and throttled. People of

this country have a lot of expectation from the present

government in power in the country and the image and

reputation which the Prime Minister Shri Narendra Modi,

possibly the most dynamic prime minister this country

ever had, have taken to its pinnacle in the last six years by

dint of sheer hard work has been brought to disrepute and

the law and order situation and so also the legal system

has become a laughing stock. Arrest and detention of Shri

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Arnab Goswami may not be viewed from a simplicitor point

of arrest of a journalist and let this not be seen as an

opportunity to make political mileage and it is time to act

both for the government in power and the highest court of

the country to rise to the occasion and take the bull by its

horn instead of allowing things to worsen further.

Arrest/detention of Shri Arnab Goswami will seriously

impede India’s dream of Prime Minister’s five trillion

economy. It could seriously imped foreign investment in

India as well as Make in India/Made in India initiatives.

People coming from foreign countries may be vary of their

safety and security and they would certainly feel that if the

Editor-n-Chief of the most popular news channel is not

safe in India, then they can certainly not expect their own

safety and security. It is high time that the Central

Government steps in and call upon the State

administration to conduct themselves responsibly and as

they have already failed and/or neglected to do so, action

under Article 356 of the Constitution of India may be

considered to be initiated.

12) The Hon’ble the Chief Justice of India may seriously

consider suo moto exercising powers under Article 142 of

the Constitution of India and direct all the investigation

which is being conducted as against Shri Arnab

Goswami/Republic TV by N.M. Joshi Marg police station,

TRP scam of Kandivali police station, abetment to commit

suicide case in respect whereof FIR was registered in

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Alibaug police station, other cases which have been

registered by Mumbai police and/or Maharashtra police and

let all such cases be directed to be clubbed together and

be entrusted to the Central Bureau of Investigation and let

the CBI be directed to ascertain the politicians and/or

police personnel involved in the process of investigation

and let stern action in accordance with law be taken

against them so as to send a very loud and strong signal

to the entire rank and file of the hierarchy of police which

as such has become law unto themselves and have

become the chief source of atrocities/brutalities which are

committed on the citizens of this country day in and day

out that no policemen would be spared. There is an urgent

need to reform, not only the entire rank and file of the

police functioning all over the country, but also of other

investigating agencies such as Central Bureau of

Investigation, Directorate of Revenue Intelligence,

Enforcement Directorate, Narcotic Control Bureau,

Enforcement Directorate, Drug Administration, National

Investigation Agency etc.

13) There is serious danger to the life of Shri Arnab Goswami

and the perception which the judges normally have that

jails are the safest place is to be dispelled from the

examples of Harshad Mehta, Rajan Pillai of Britannia

Biscuits, Pravin Mahajan, brother of late BJP leader Pramod

Mahajan and host of others died mysteriously while in jail.

If the Central Government or the judiciary does not step in

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and does not take necessary action utmost expeditiously,

it would be failure of both and incalculable harm in the

process would be done to human dignity, freedom of

speech and expression, freedom of press/media.

14) It is high time that the judicial officers be also made

accountable as there is no law in place where action could

be taken against erring judicial officers even when they fail

and/or neglect to uphold human dignity, freedom of

expression and freedom of press/media etc.

Unfortunately, Delhi Police Establishment Act which has

not been amended provides sanction of the State

government for directing investigation by the CBI and the

only exception is the power of the High Court or Supreme

Court where such bar cannot apply.

Thanking you

Yours faithfully
For LAWYERS FOR JUST SOCIETY